Civil Parties The Obligation To Cooperate

Today lawsuit nearly falls into the situation of bombing and every country almost has to face the problem of judicial crisis. To solve the problem , most of the countries have to reform their judice, which comes into a tide of judicial reform in the world. Some of the reforms get to such depth that it changed some traditional law opinions , of which, the duty of cooperation between the parties is characteristic. It's the requirements of the times development for the opposite parties to get into coorperating each other, which also shows the similar judicial developing tendency of the world. The cooperating duty of the parties is helpful to creat a fair, efficient, open, easy judicial procedure. The coorperating duty between the parties can be devided into deactive coorperating duty and active coorperating duty. The former is called the assisting duty between the parties, which includes explaining duty, providing duty and tolerating duty;the latter one is called promoting duty between the parties, which includes the duty of correctly providing lawsuit files,the duty of stating in time to promote the arrangement of arguments , the duty of providing the evidents in time, the duty of attending the court for trial in time and the duty of obeying the lawsuit time. The aim of the assiting duty between the parties lies to find the truth of the lawsuit , finally to promote the effect fair and social fair; the aim of the promoting duty between the parties lies to forbid prolonging the lawsuit time , finally promote the effeciency. The coorperating duty between parties is being reflected in our civil law and played important role in the practise of trial. However, the weak ponits need to be completed by learning from the other country's successful experience.